Planning for sustainable animal industries Clear land use definitions, risk-based planning controls and a better planning process September 2017 Seeking feedback on Victoria’s animal industries are significant contributors to the Victorian proposed reforms to economy. They are major employers in rural and regional Victoria and are Victoria’s largest agricultural industry. Global population growth is planning controls for driving the demand for Victoria’s food and fibre products, which have animal industries in an excellent reputation for quality, safety, and reliability. Victoria. Victoria’s planning system plays a key role in supporting the projected growth of our animal industries. While economic development must be supported, growth must occur in a sustainable way to protect the long- term interests of all Victorians. In 2015, the Hon Richard Wynne MP, Minister for Planning and the Hon Jaala Pulford MP, Minister for Agriculture established the Animal Industries Advisory Committee (AIAC) to consider how the planning system can better support the establishment and expansion of productive, competitive and market-responsive animal industries in Victoria, balancing environmental outcomes and community expectations. In response to the AIAC’s final report, the Victorian Government released Planning for sustainable animal industries, which sets the strategic direction for planning for animal industries in Victoria. The response has four key areas of focus and 12 actions centred around more support and clarity for all those involved in animal industries in Victoria. The key pillars of the Government response are: 1. Improve strategic planning for animal industries. 2. Clarify planning requirements and support early decision making. 3. Support the planning permit application process. 4. Ensure timely and effective enforcement. The reforms set out in this document are focused on the second pillar and deliver on the following specific actions of the Government’s response: yy Action 3 – Introduce clear land use definitions for animal industries into the Victoria Planning Provisions (VPP). yy Action 4 – Take a graduated approach to planning controls based on risk. yy Action 12 – Develop clear guidance to improve the quality of planning permit applications, and develop model permit conditions to guide local government. The reforms set out in this document build on the AIAC’s comprehensive analysis and recommendations, and have been developed in consultation with an Implementation Reference Group (IRG) comprising industry, community, local and State government representatives1. The reforms are about clearer regulation rather than increased regulation. They will implement the Victorian Government’s vision that: yy Victoria’s animal industries continue to grow in a sustainable manner yy environmental and amenity impacts of animal industries are considered and well-managed through the planning system yy local government is supported to make well informed decisions yy community has confidence in Victoria’s animal industries. Improving the way we plan for and regulate animal industries does not stop with the reforms in this document. There are nine other actions in the Government’s response – some actions are complete and others are well under way. More information about Planning for sustainable animal industries and the AIAC’s final report can be viewed online at: agriculture.vic.gov.au/planning-animal-industries Summary of proposed reforms yy New planning land use definitions that: yy are clearer and easier to understand yy do not capture animal industries with negligible off-site impacts. yy Clearly explained planning requirements for livestock producers that better support their day-to-day operations. yy Planning permit and public notice exemptions for small-scale, low-risk pig farms and poultry farms that incorporate environmental and amenity safeguards. yy Consistent planning requirements for free range and conventional broiler farms. yy Removal of restrictions on animal industries establishing in industrial zones. yy Clearer planning regulations through changes to 19 planning scheme zones. yy Guidance for farmers and councils about preparing planning permit applications and permits. How to provide feedback Please provide your feedback by Tuesday, 14 November 2017 by visiting: planning.vic.gov.au/animal-industries If you have any questions about the proposed reforms or about providing feedback, please contact the Department of Environment, Land, Water and Planning on (03) 8392 5433 or email: [email protected] 1 Note, the proposed reforms do not necessarily reflect the views of individual members of the IRG. Planning for sustainable animal industries 2 ACTION 3 Clear land use definitions The AIAC recommended that land use terms be defined in Clause 74 of planning schemes for the current known animal production systems (refer to section 5 of the AIAC’s final report). The AIAC recommended land use terms be defined for: yy all egg farms, poultry breeder farms, poultry hatcheries and poultry meat farms yy all pig farms (whether the pigs are housed or allowed to free range outdoors) yy cattle, sheep and goat feedlots. The AIAC also recommended changes to the existing definitions for the terms extensive animal husbandry and intensive animal husbandry. Additional land use terms for different production systems is supported. However, some alternative terms are proposed to further clarify and simplify their application. The land use terms recommended by the AIAC and the proposed alternatives are shown in Appendix A. More detail is provided below. Animal production The AIAC proposed a new land use term, commercial animal production, under which the other existing and new terms would be nested. The definition proposed by the AIAC includes the keeping and breeding of ‘farm animals’. An alternative land use term, animal production, is proposed. The proposed alternative definition specifically applies to the keeping and breeding of poultry and mammals (other than rodents) for the production of eggs, fibre, meat, milk and other animal products. The intent of this approach is to be clear about the types of animals the land use term applies to and to ensure the planning system does not unnecessarily regulate animal industries with negligible off-site impacts. Poultry and mammals that are bred for their eggs, meat, milk and fibre (for example, chickens, cattle, pigs, sheep, goats rabbits, buffalo and camels) are typically kept in large numbers and can have off-site impacts if not properly sited and managed. The definition will not apply to the keeping or breeding of other types of animals, such as edible snails and insects, or rodents bred for pet food. It will also not apply to poultry and mammals kept or bred for other purposes, such as racing pigeons and racing horses. These other types of animals would likely fall within the existing land use definition for animal husbandry – land used to keep, breed, board, or train animals, including birds. Planning for sustainable animal industries 3 Generic definitions for extensive and intensive animal production The AIAC recommended that: yy there is a need to retain the existing generic definitions for extensive animal husbandry and intensive animal husbandry because not all forms of intensive animal husbandry can be defined individually yy an animal production use be defined as ‘intensive’ when the animals obtain more than 50 per cent of their energy needs from outside the immediate enclosure, pen or paddock. The generic definitions recommended by the AIAC would apply to beef cattle, dairy, sheep and goat farms along with any other kind of animal that obtains a proportion of food by grazing (other than pigs and poultry). This represents a significant proportion of Victoria’s livestock production. While the recommended definitions set a clear threshold between ‘extensive’ and ‘intensive’, determining the proportion of energy an animal obtains from different sources of food is complex. Farmers routinely change the balance of food their animals receive based on range of factors such as market demand, stock type, and climatic and seasonal conditions. The definitions will be difficult to apply in practice and may not address the uncertainty and confusion experienced with the current generic definitions. In response to these issues, two alternative definitions are proposed – grazing animal production and intensive animal production. Operation of zones in planning schemes In each planning zone, the controls over the use of land are divided into three sections: Section 1 uses A use in Section 1 does not require a permit. Any conditions that are specified for the use must be met. If the condition is not met, the use is in Section 2 and requires a permit unless the use is specifically included in Section 3 as a use that does not meet the Section 1 condition. A use in Section 1 may still require a permit for associated buildings and works under another provision of the zone or the planning scheme (for example, an overlay). Section 2 uses A use in Section 2 requires a planning permit. Any conditions that are specified for the use must be met. If a condition is not met, the use is prohibited. Generally a planning permit is required to construct a building or construct or carry out works for a Section 2 use. Section 3 uses A use in Section 3 is prohibited. Planning for sustainable animal industries 4 Grazing animal production This land use term will apply to land used for animal production where the animals obtain food by directly grazing, browsing or foraging plants growing on the land. However, the proposed definition also allows emergency feeding, seasonal feeding and supplementary feeding. It is proposed that grazing animal production be a Section 1 use in the Farming Zone, Green Wedge Zone and Rural Activity Zone (more information about other zones is provided below). Supplementary feeding The proposed definition for supplementary feeding does not limit how much food the grazing animals may be given on a routine basis. However, by definition, the food must supplement what the animals obtain from grazing, not replace it entirely.